Category: Written Description

    By Donald Zuhn — In anticipation of tomorrow's oral argument in the rehearing en banc of Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. (scheduled to begin at 2:00 pm (EST) in Courtroom 201), Patent Docs has spent the past three weeks reviewing a number of the briefs submitted by various amici.  By the…

    By Kevin E. Noonan — Several companies have filed amicus curiae briefs with the Federal Circuit on the questions presented by the en banc Court in the Ariad case.  Although we have explored the positions taken by some of these companies in detail, on the eve of oral argument, we set forth here briefer…

    By Kevin E. Noonan — The American Intellectual Property Law Association (AIPLA) has joined the chorus of patent bar groups opining on whether there is a separate written description requirement contained in 35 U.S.C. § 112, first paragraph, in an amicus curiae brief filed in the rehearing en banc of Ariad Pharmaceuticals, Inc. v.…

    By Kevin E. Noonan — In Anna Karenina, Leo Tolstoy wrote, "All happy families resemble one another, each unhappy family is unhappy in its own way."  This sentiment could also be applied to the briefs submitted to the Federal Circuit for its en banc consideration of the written description requirement.  A large proportion of…

    By Kevin E. Noonan — The Intellectual Property Owners Association (IPO) has filed an amicus brief in the rehearing en banc of Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co., supporting neither party but arguing in favor of a separate written description requirement as part of 35 U.S.C. § 112, first paragraph.  The IPO's…

    By Donald Zuhn — In anticipation of the upcoming oral argument in the rehearing en banc of Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co., scheduled for December 7th, we have been reviewing a number of the briefs submitted by various amici.  (We learned of an additional amicus brief that was filed last week,…

    By Donald Zuhn — With oral argument in the rehearing en banc of Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. scheduled for Monday, December 7, 2009, last Friday marked the deadline for the filing of amicus curiae briefs.  Twenty-four amicus briefs were submitted (by our count), with eighteen briefs filed in support of…

    By Kevin E. Noonan — The three members of the "high technology" community named above have weighed in on the Federal Circuit's en banc review of the written requirement and provide their own unique perspective on a debate that has raged primarily in the biotechnology sector over the past several years (see amicus brief). …

    By Kevin E. Noonan — Christopher M. Holman, Associate Professor of Law at the University of Missouri-Kansas City (and proprietor of Holman's Biotech IP Blog), has filed an amicus brief in support of neither party in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.  While not arguing on behalf of either party, Ariad would…

    By Donald Zuhn — Last week, Defendant-Appellant Eli Lilly & Co. filed its principal brief for the rehearing en banc of Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co., which is scheduled for December 7th.  (Patent Docs provided a summary of Ariad's principal brief, which was filed on October 5th, last Tuesday; see "Next…